A response was received from the Anthony Hawkes of the Environment Agency dated 19th December, his answers are written in blue below the question.

The following is a copy of a list of questions that was given to Onyx and the Environment Agency during the meeting. It outlines numerous licence questions as well as inconsistencies and errors within the various legal documents. We requested written answers by 30/11/05.

To date they have not provided answers by either Onyx or the Environment Agency

The following documents: EAWML 83528 – Waste management licence for Baths Road dated 06/06/05, Waste Disposal Licence EAWML/83286 for Waldo Road Depot dated 22/05/1991 and Bromley Working Plan EAWML/83528 version 1.2 dated Dec 04 which were provided to us by the Environment Agency on 31/10/05 as the latest and current versions of the above documents.

Some of the questions may appear to be repeats; this is because the same issue is raised in each document and therefore needs to be answered in respect of that particular document.

Waste Disposal Licence EAWML/83286

Question 1

Section 4.4.2 “A copy of this licence shall be displayed at the facility control office where it can be read by the holder’s employees at the facility and any visitors” and;

Section 4.4.3 “A copy of the working plan shall be kept at the facility control office and shall be readily available”
We have been asking to see the working plan and licence since October 2004 and have constantly been told there isn’t an up to date one. The first time we have had one is from the Environment Agency. Why was Onyx so reluctant to send us a working plan?

As you will note the wording of the conditions state that the licence and the working plan shall be displayed and kept at the facility control office where they are readily available to be read by staff and visitors. Onyx UK Limited and its predecessors are not obliged to provide copies only to make them available, whereas the Agency is obliged to provide copies on request, as has been done in this case. In respect of the unavailability of the working plan at the site, as far as I have been awarecopies have always been kept in the main offices. Admittedly it is somewhat dated, having been passed from the Borough Council to UK Waste, Cory Waste then Onyx UK Limited.

Question 2

Section 4.12 “Adequate parking and queuing (sic) facilities shall be provided for vehicles off the public highway commensurate with the scale of operation”
On any given weekend in summer, particularly bank holidays, the queue of traffic waiting to enter the site extends the full length of Waldo Road and into Holmesdale Road causing significant traffic congestion. Waldo Road is a public highway and as such queues should not be allowed to form in this road at all either. The site may have been of a commensurate size to handle the traffic in 1991 it is not now. What is Onyx going to do to prevent the traffic congestion?

This is standard condition in licences drawn up during the eighties and nineties, and removed from later licences issued by the Environment Agency. I am aware that traffic at weekends etc has been a considerable problem for many years and as you will appreciate the Agency and Onyx UK Limited have no control over the numbers of vehicles or the amount of waste being delivered during these periods. However, the new Civic Amenity Site has been designed to try and alleviate these problems and with the amount of room being made available is possibly the best that can be done in the circumstances. One possible answer might be to apply to extend opening hours at weekends, to stagger the traffic, but I am sure there would be strong objections to such a proposal.

Question 3

Section 5.4.2 “Not more than 2660 cubic metres of waste shall be stored in the tipping hall area at any one time.”
How is this measured? One several occasions the waste in the tipping hall has been over the white 3 metre line for the entire length of the hall and CA site to a depth of approx. 4 metres.

The figure of 2660 cubic metres was arrived at when the licence was drawn up, the applicants - London Borough of Bromley - surveyed the site and submitted this figure as a maximum storage figure. Measurement of the waste is governed by the waste vehicles going over the weighbridge, both in and out, these figures are submitted to the Agency for the purpose of statistics and comparison with the maximum tonnages allowed by the licence. I am not aware of the figures being exceeded and therefore any contraventions of condition 3.5.1.

Question 4

Section 5.4.5. See comment in Question 3. What should happen if the waste goes over this line?

When such circumstances occur, this is pointed out to Onyx UK Limited site management who will endeavour to try and get the waste reduced in these areas as quickly as practical. This is normally a temporary expedient. As you will appreciate it is not possible to divert waste collection vehicles elsewhere, or to park these vehicles with their loads still on board, as this would exacerbate the odour problem.

Question 5

Section 5.4.6 “On at least one occasion every calendar month the holder shall ensure that” the tipping hall “is completely cleared of waste to permit inspection of the condition of the retaining wall, hard standing and drainage system by a duly authorised officer of the LWRA”
Can we see the records of this?

When this licence was drawn up by the LWRA the visit frequency was at least once a week, sometimes more. However, during the last five or six years this frequency has been reduced to two to three times a quarter in accordence with Agency guidance. However, if during my visit I note that parts of the bays are clear, an inspection is carried out. As far as I can recall there are no specific records as such, if there was a problem it would be duly noted and pointed out to site management. During January 2004 parts of the main bay were resurfaced and it is planned to resurface the corner area of the shed, hopefully during the early part of the New Year.

Question 6

Section 7.1.1 “No waste shall be burnt at the facility…”
On cold days waste is burnt in an old barrel by operatives. Onyx is allowing a breach of the licence to occur, please advise of what actions you will take?

'No waste shall be burnt at the facility'. This condition was incorporated to prevent the deliberate burning of waste on site as a means of reducing the waste. It was only recently, on a cold day, that I noted they had a small fire in a drum to keep operatives warm. This was raised with site management and they are currently using coal not waste wood.

Question 7

Section 7.1.3 “The holder shall notify the LWRA immediately of any outbreak of fire using the Authority’s emergency telephone number…”
Has this been happening for the instances noted in Question 6?

The outbreak of fire referred to is within the waste, or possibly in one of the buildings, not a small controlled fire within a drum in order to keep operatives warm in the winter.

Question 8

Section 7.4.2 “Water supplies shall be suitably protected against freezing”
Please detail how the sprinkler system and the fire hose in the centre of the tipping shed are “suitably protected”?

They are not protected, water supply to the site is off the mains supply and protection is as for any domestic supply. However, this condition applies again to any fires on site and in such circumstances would be dealt with by the Fire Brigade.

Question 9

Section 7.6 Please define what bird deterrent measures are in place?

As you may recall this particular question was discussed at some length at the meeting held on 19 November. As such measures are often only effective during the short term, Onyx UK Limited are looking at a number of alternatives.

Question 10

Section 7.8 “No pedestrians shall be allowed within the vicinity of the tipping or loading areas whilst any machine or vehicle is operating”
Members of the public and employees of Onyx are regularly allowed to tip while the shovels are operating to push up the waste or while the shovels are moving around the site. They are also allowed to continue dumping while the green containers are being removed or returned. Please define “vicinity” as members of the public can be as close as the next green container distance from one being removed or returned? This section needs to be more specific now the operations have changed, please redefine?

Any members of the public allowed in the areas you have details are under the supervision of Onyx UK Limited site staff, who would make them aware of any moving plant and keep them away from such areas. Perhaps this point would be better discussed and clarified at our next meeting.

Question 11

Section 7.9 “…traffic circulation shall be as shown on drawing Reg. No. LWRA/274987, holders drawing No. P3074/010/3913 dated 5th December, 1990.”
Please can we see these drawings?

You will appreciate that since the issue of the new licence for the Civic Amenity facility this drawing will be out of date, however a copy of drawing Reg. No. LWRA/274987, holders drawing No. P3074/010/3913 will be obtained and sent to you as soon as possible.

Question 12

Section 8.3 “An effective dust suppression system shall be installed and used during all waste handling activities, including loading and unloading.”
Though there is a dust suppression system it is only turned on infrequently on hot days. Please detail what actions you will take to ensure Onyx comply with this section?

On the few visits I made during the Summer months I was not aware of any problems, sprays were in use for both dust and odour. The dust suppression (spray) system is available and effective and used as and when required by site staff. Although there are possibly times when operatives may need reminding to apply these measures.

Question 13

Section 8.4 “Suitable measures shall be taken to limit the noise and vibration caused by machinery and vehicles operating at the facility (including their proper maintenance and use)…”
Whilst Onyx have made some concessions on this i.e. turning off the reversing bleepers, the main cause of the noise is the shovels, the operators drop the bucket onto the ground then push it along the ground when pushing up. Can noise reducing measures be fitted to the tip of the buckets and can they be lowered with more consideration?

As we discussed at our meeting Onyx UK Limited staff will be instructed by their management to carry out a number of measures to try and reduce the noise made during various parts of the operations, i.e. dropping and moving skips/buckets, operatives shouting, menbers of the public depositing waste in skips etc.

Question 14

Section 9.1.3 “Records shall be kept of the dates of inspections and treatments used in respect of condition 6.6.”
There is no condition 6.6. Please can you tell me what condition 6.6. is and how you can enforce section 9.1.3?

Typographical error, should refer to Condition 7.6

Question 15

Section 10.2 “The waste referred to in condition 9.6…”
There is no condition 9.6. Please can you tell me what this is and how you can enforce section 10.2?

Error made during drafting and not corrected, should refer to main asbestos condition 10.1

Licence: EAWML 83528 -Waste management licence

Question 16

Please can we have a colour version of Plan Reference Number BROM/04/008 showing the red edging?

A copy of Plan BROM/04/008 will be copied and sent to you as soon as practical.

Question 17

Table 2.1 section c. “Where wastes are stored in a building. i) the building shall be designed, constructed and maintained to prevent ingress of rain and surface water.”
Please explain how the covered shed fulfils this as it clearly does not “prevent the ingress of rain and surface water”?

This condition refers to the Civic Amenity Facility which is uncovered. However, the garages/stables which are used to store certain waste materials and roofs and guttering are properly maintained.

Question 18

Table 2.1 section e. “all skips, drums and other mobile tanks and containers having individual capacities of greater than 10 litres which are used for the storage of wastes shall be constructed and maintained so that they do not leak and liquids contained in them.” The green skips are not water tight.

All such containers are water tight i.e. battery banks, closed skips etc., and green skips for domestic wast etc., are checked regularly.

Question 19

Section 3.1.2 site identification board. “In the event of damage or defect, the board shall be repaired or replaced within 3 working days.” This is happening as the sign is continually getting graffiti on it, please can Onyx confirm this is actually happening?

Whenever necessary the identification board is cleaned etc.

Question 20

Section 4.3. Fires on the site. No wastes shall be burned on the site. On cold days the operators have a fire in an oil drum during operating hours. Should the agency be informed of this every time?

See my earlier comments regarding condition 7.1.1 on the transfer facility licence.

Question 21

Table 4.4. section b. where is the “designated quarantine area”?

A secure quarantine area for such wastes has been designated and is situated on the North side of the site.

Question 22

Table 4.6 section a. “wastes which when handled or stored are likely to generate significant quantities of dusts, fibres or particulates” “only permitted if they are handled and stored in: i) buildings or containers providing containment of aerial emissions of dusts or particulates.” The tipping shed does not provide containment, please advise what actions you are going to take to rectify this situation? Also what is defined as “significant quantities”?

The condition applies to asbestos and insulating type materials. Currently there is no asbestos skip on the Civic Amenity Facility, it is still located on the main transfer facility. It is secure and on an impermeable surface, air monitoring in that area is carried out quarterly. This facility will be transferred to the Civic Amenity Facility in due course.

Question 23

Table 4.6 section b. “odorous wastes, including wastes which are likely to be odour producing during storage” “i) these wastes are only permitted if: * stored in sealed containers and in areas provided with impermeable pavement and sealed drainage” Odorous wastes are not stored in “sealed containers” they are stored in green roll on roll off containers or in the tipping shed please advise a) how Onyx plans to rectify the situation?
b) the Refuse Lorries are not cleaned out in the evening so on warm days they turn into warm metal containers which amplify the smell. Please can the refuse lorries be cleaned out after each use to ensure this does not occur?

The odorous wastes referred to on the Civic Amenity Facility would be domestic waste and green waste. These wastes do not remain on this part of the facility, doemestic waste is deposited with the waste in the main bays on the transfer station, which has an impermeable pavelment and sealed drainage. Green waste is transferred to the composting facility.

Question 24

Table 4.6 section i. “wastes which include light wastes or other wastes liable to give rise to litter” “These wastes only permitted if: *stored in sealed containers and in areas provided with impermeable pavement and sealed drainage; or * stored in bays provided with litter control fencing or netting.” The large bay for paper recycling does not have either and none of the other areas have this either where general waste is deposited. Please define how Onyx will rectify this situation?

Light wastes etc. paper, cardboard is transferred to the recycling bays on teh main transfer facility, areas which have impermeable pavements and sealed drainage. Net fencing is in place in these areas. Windblown litter from this site has not been a problem for some time.

Question 25

Section 5.1.2. Relating to emissions to air from specified waste management operations shall be free from “visible concentrations of dusts, fibres or particulates…”. On dry days, particularly in summer dust is a continual problem, though there is a sprinkler system Onyx staff are reluctant to put it on during normal operation. However in section 8.3 of Waste Disposal Licence EAWML/83286 the dust suppression system must be on at all times. Can the LWRA enforce this?

Again this condition applies specifically to the Civic Amenity facility - facilities, i.e. hoses are available to keep dust down in and around the skips should it be necessary.

Question 26

Table 5.4 section b. What is the plan of action to remove / deter birds from the site?

As you will recall this was discussed at our meeting, various measures were discussed and will be put into place. See also my answer to Question 9.

Site diary

Question 27

Can we see diary?
Things that need to be in diary:
- attendance of the technically competent member of staff (1.4.4)
- Inspection records of sealed sump drainage system (Table 2.1 section b WML)
- Table 2.1 section f. Inspection record of all areas of hardstanding, impermeable pavement ….” Monthly.
- Fires on the site
- All rejected wastes and all wastes kept in quarantine area
- Remedial action on detection or notification of visible aerial emissions
- Olfactory monitoring of aerial emissions from the site (by site manager or supervisor, at least twice a day, at the site boundary situated downwind of the waste operations)
- Notification/ detection of odorous emissions
- Notification/ detection of pest infestations
- Inspection for pest infestations (weekly)
- Incident and remedial action of scavengers / birds
- All details in Section 6.3.1 of EAWML 83528 – Waste management licence which includes complaints about site operations and actions taken

This is a document/log kept by the operator and is their property and its availability should be discussed with Onyx UK Limited

Onyx Working plan

This is the Working Plan for the Municipal Depot Civic Amenity Site and not for the main Transfer Facility. A new updated Working Plan for the main site is being drafted.

Question 28

Section 1.1.6. The table states that “All” waste types can be stored and bulked. Can you clarify what “all” means?

All wastes are as listed in the columns following 1.1.8

Question 29

Section 1.1.8. Table relates to Asbestos and under maximum capacity it states “n/a – see paragraph 4.5.17”. Paragraph 4.5.17 relates to car batteries. Please can you clarify how this is relevant?

Typographical error should read 4.5.18

Question 30

Section 1.1.8. a) Are the capacity figures in the table daily, weekly, monthly or yearly? b) how has this been enforced without knowing whether the figures are daily, weekly etc?

Figures stated were, when submitted, considered to be likely daily maximums, this may be subject to change and the submission of a new working plan

Question 31

Section 2.2.4. “Repairs will be carried out with 5 working days” – should this be “within 5 working days”?

Should be 'within'

Question 32

Section 3.1.1 “Access to the site is by way of Waldo Road” Does this include exit? Since lorries leave and enter via other exits too.

Access to the site for the public is via Waldo Road, waste vehicles use both entrances to ease possible traffic problems.

Question 33

Section 4.4.1 “Burning of waste is not permitted on site” On cold days operators burn waste in an old oil drum. Please explain how 4.4.2 and 4.4.5 is actioned in this instance?

This refers to waste deposited - this point was explained earlier

Question 34

Section 4.5.9. At peak periods Onyx closes the waste container section and allow members of the public to deposit directly onto the ground. Please clarify what the LWRA is doing to enforce this section and can Onyx explain why they are not following their working plan?

The waste transfer facility is still licenced to accept civic amenity waste, if it is considered necessary for operational reasons to direct waste to the main bays, Onyx UK Limited may do so. It is not a breach of either licence.

Question 35

Section 4.5.16. The buildings along the western edge of the site will be used for the storage of waste electronic and electrical equipment. Is this true?

Yes

Question 36

Asbestos, section 4.5.18. “No plans to accept asbestos” yet the site has accepted asbestos for years. Please clarify what the actual position is and why a licence was granted to Onyx on the basis that they would not accept asbestos yet Onyx have always accepted it? Also can Onyx clarify why they did not detail the true state of affairs to the LWRA in their working plan?

The Civic Amenity facility does not accept asbestos, asbestos is accepted and securely stored on the main site.

Question 37

Fluorescents section 4.5.19. An individual container will be maintained for fluorescents and bulbs. Where is this?

This is located by the main office on the Civic Amenity facility

Question 38

Gas bottles 4.5.20. A secure lockable cage will be provided for the storage of gas bottles. This is in contravention of section 1.2.3 of Waste management licence H3-A (Highly flammable). Please can both Onyx and LWRA clarify the situation on this and show us where the “lockable cage” is?

Onyx UK Limited would prefer not to accept gas bottles from the public and if possible they are asked to make other arrangements. However, gas bottles found dumped and collected and delivered by Borough vehicles have to be accepted. Until such time as they can be collected and safely removed, they are stored in the cage in the quarantine area.

Question 39

Hazardous Household waste section 4.5.21. “Currently there is no provision to store household chemicals on site…”. Please explain what happens to Hazardous materials accepted at the site as stated under section 4.5.8 – where is the “secure hazardous household container”? There is a direct contradiction on this working plan. Can the LWRA clarify why they did not pick this up and can Onyx please clarify what their position is in reality?

Once again Onyx UK Limited would prefer not to accept such materials from the public, but facilities have to be provided should they delivered by members of the public within other materials. Such materials would be stored in the quarantine area.

Question 40

Section 5.1.1 “The operations carried out on site are not thought to give rise to dust and particulate problems” This is known to be not true as residents have complained on numerous occasions to switch the sprinkler system to suppress dust particularly on hot dry days. Please can Onyx provide their justification behind this statement?

This statement refers to the Civic Amenity facility, not the main site. If necessary hoses are available in this area should there be a dust problem

Question 41

Section 5.2.1 “The nature of the waste accepted at the site does not generally give rise to odour problems”. The site is licensed to accept all types of waste including green waste, solvents, acids, oil and fat, paint, detergents so how can this statement even be in a working plan for a Civic Amenity site, by its very nature the site will give off odours as such can Onyx provide a more comprehensive “control of odours” plan? Can Onyx provide their justification behind this statement?

The main odorous wastes would be green and domestic waste and their movement from this particular part of teh site has been described earlier, see explanation 23. In respect of the other materials you mention, 5.2.2 gives an explanation of measures that will be taken if there is an odour problem.

Question 42

Section 5.4.1 “All necessary steps will be taken to control and eradicate vermin, or infestation, at the site. These include a daily inspection of the site and its immediate surroundings for signs of any vermin presence.” What is Onyx doing to control bird problems?

See my response to Question 9 regarding bird problems

Question 43

Section 5.6.1, section i) please define what section i) means?

This refers to vehicle movements within the Civic Amenity facility only. HGV vehicles does not use the public area of the Civic Amenity facility, all movements are behind the skips.

Question 44

Section 5.6.1 The noisiest operation within the whole of the CA site is the pushing up using front loaders, what is being done to address this?

As you will recall this was discussed at some length at our meeting

Question 45

Section 5.6.2 section i) please define what “noise observations” are carried out, where are the results recorded and what actions are taken?

If an operation is considered noisy by staff observations can be made to management., or supervisory staff and necessary action taken. These are not recorded, but any complaints are, along with the action taken.

Question 46

Section 6. What are the “*” next to some of the numbers?

These are a list of wastes from the European Waste Catalogue (EWC), asterisked numbers are special, now defined as hazardous wastes.

General questions

Question 47

Can Onyx and Bromley do more to advertise their summer temporary garden waste sites as this will reduce the amount of queuing at Waldo road at weekends?

I would suggest this be raised with representatives of London Borough of Bromley at our next meeting - before the Spring build-up of deliveries commences.

Question 48

Can the gates be closed 15 minutes prior to the site to allow proper closing times as at peak times it can take this amount of time to clear the queuing traffic within the site leading to late actual ending of activity on the site?

Again I would suggest this is raised at our next meeting

Question 49

Why is there a build up of vehicles being stored in the recycling area, there are frequently times when a large container is left there with the sides down full of rotting waste?

Could you clarify as to when and whereabouts you are referring, or ring site staff the next time this occurs

Question 50

Can there be a restriction of early morning noise in general, can employees be more considerate to the fact the site is in a residential area? Can the use of the mechanical shovel not start before 9am, particularly at weekends?

Once again this was discussed at some length at our meeting, proposals by Onyx UK Limited have been put forward. Progress, improvements or otherwise can be discussed at our next meeting.

Question 51

Does the composter have to run 24 hours a day? It is noticeable at night.

I have been outside the site in the area of the composter on two occasions after the site has closed and not been able to hear anything. I shall do so again in the near future and report back.

See e-mails from Bromley Council regarding the EA's replies